[Federal Register: May 26, 2005 (Volume 70, Number 101)]
[Proposed Rules]
[Page 30382-30389]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my05-23]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R04-OAR-2005-TN-0001, R04-OAR-2004-GA-0004-200414; FRL-7917-7]
Approval and Promulgation of Air Quality Implementation Plans;
Tennessee and Georgia; Attainment Demonstrations for the Chattanooga,
Nashville, and Tri-Cities Early Action Compact Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve revisions to the Tennessee and
Georgia State Implementation Plans (SIPs) respectively submitted by the
State of Tennessee through the Department of Environment and
Conservation on December 29, 2004, and by the State of Georgia through
the Environmental Protection Division on December 31, 2004. These
revisions are submitted pursuant to the Early Action Compact (EAC)
protocol \1\ and will result in emission reductions needed to attain
and maintain the 8-hour ozone National Ambient Air Quality Standard
(NAAQS) in the Chattanooga, Nashville, and Tri-Cities EAC areas. EPA is
proposing approval of the photochemical modeling which supports the
attainment demonstration of the 8-hour ozone standard within these
areas. The proposed revisions further incorporate the local control
measures of the Chattanooga, Nashville, and Tri-Cities EAC area
agreements into the SIP. EPA is also proposing revisions to the Vehicle
Inspection and Maintenance (I/M), Stage I Vapor Recovery and Motor
Vehicle Tampering Tennessee SIP regulations. EPA is proposing to
approve revisions to Georgia's rules for Stage I Vapor Recovery and
open burning.
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\1\ The EAC Protocol can be found at http://www.epa.gov/air/eac/
and in the Regional Materials Edocket (RME) I.D. ``RO4-OAR-2005-TN-
0001, R04-OAR-2004-GA-0004 see ADDRESSES section of this notice for
further information on RME.
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DATES: Comments must be received on or before June 27, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R04-OAR-2005-TN-0001 for any comments regarding
the Tennessee submittal or ID No. R04-OAR-2004-GA-0004 for any comments
regarding the Georgia submittal, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: martin.scott@epa.gov, or hoffman.annemarie@epa.gov.
4. Fax: 404-562-9019.
5. Mail: ``R04-OAR-2005-TN-0001''or ``R04-OAR-2004-GA-0004'',
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
6. Hand Delivery or Courier: Deliver your comments to: Anne Marie
Hoffman, or Scott Martin, Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division 12th floor, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
Instructions: Direct your comments to RME ID No. R04-OAR-2005-TN-
0001 for comments regarding the Tennessee submittal or to R04-OAR-2004-
GA-0004 for any comments regarding the Georgia submittal. EPA's policy
is that all comments received will be included in the public docket
without change and may be made available online at http://docket.epa.gov/rmepub/
, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through RME, regulations.gov, or e-mail.
The EPA RME Web site and the federal regulations.gov Web site are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Scott Martin, or Anne Marie Hoffman,
[[Page 30383]]
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The
telephone for Mr. Martin is (404) 562-9036, and the telephone number
for Ms. Hoffman is (404) 562-9074. Mr. Martin can also be reached via
electronic mail at martin.scott@epa.gov. Ms. Hoffman can also be
reached via electronic mail at hoffman.annemarie@epa.gov.
SUPPLEMENTARY INFORMATION: The use of ``we,'' ``our,'' and ``us''
refers to EPA.
Table of Contents
I. What action are we proposing?
II. What is a SIP?
III. What is ozone and the purpose of the 8-hour standard?
IV. What is an EAC?
V. What are the Tennessee and Georgia EAC areas and their respective
8-hour ozone designations?
VI. How is attainment demonstrated for the 8-hour standard with a
photochemical model?
VII. What measures are included in this EAC SIP submittal?
VIII. What happens if the area does not meet the EAC commitments or
milestones
IX. Why are we proposing to approve this EAC SIP submittal?
X. Proposed Action
XI. Statutory and Executive Order Reviews
I. What Action Are We Proposing?
Today we are proposing to approve revisions to the Tennessee and
Georgia SIPs under sections 110 and 116 of the Clean Air Act (CAA or
the Act). These revisions demonstrate attainment and maintenance of the
8-hour ozone standard, 0.08 parts per million (ppm),\2\ within the
Chattanooga, Nashville and Tri-Cities EAC areas (The Tennessee and
Georgia EAC areas) by 2007, and incorporate the measures developed by
these EACs into the Tennessee and Georgia SIPs. The EACs are voluntary
agreements between the States, local governments and EPA. The intent of
these agreements is to reduce ozone pollution and thereby attain and
maintain the 8-hour ozone standard by 2007, sooner than required by the
CAA for areas designated nonattainment. Section VII of this rulemaking
describes the control measures that will be implemented within the
Tennessee and Georgia EAC areas.
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\2\ The 8-hour ozone standard was promulgated on July 18, 1997
(62 FR 38856).
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II. What Is a SIP?
The ``SIP'' is the State Implementation Plan required by Section
110 of the CAA and its implementing regulations. In essence, the SIP is
a set of air pollution regulations, control strategies and technical
analyses developed by the State to ensure that the State meets the
NAAQS. Once included in the SIP, these regulations, strategies, and
analyses are federally enforceable by EPA. The NAAQS are established
under Section 109 of the Act and they currently address six criteria
pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, particulate
matter, and sulfur dioxide. These SIPs can be extensive, containing
state regulations or other enforceable documents and supporting
information such as emission inventories, monitoring networks, and
modeling demonstrations. Discussed in greater detail below, SIP
revisions relating to attainment of the 8-hour ozone standard submitted
by Tennessee and Georgia on December 29, and December 31, 2004, are now
being proposed for inclusion into the SIPs.
III. What Is Ozone and the Purpose of the 8-hour Ozone Standard?
Ozone is formed by a series of chemical reactions involving
nitrogen oxides (NOX), the result of combustion processes,
and reactive organic gases, also termed volatile organic compounds
(VOCs). NOX and VOCs are emitted into the air through many
sources such as vehicles, power plants and other industrial facilities.
Ozone and its precursors have many adverse effects on human health and
can cause the following: Irritation of the respiratory system,
reduction of lung function (making it more difficult to breathe),
aggravation of asthma, inflammation and damage to the lining of the
lungs, and an increase in the risk of hospital admissions and doctor
visits for respiratory problems. In order to reduce ozone it is
necessary to reduce NOX and VOCs, ozone precursors.
Consistent with the Act, ozone reductions are achieved by establishing
NAAQS, such as the 8-hour ozone standard, and implementing the measures
necessary to reduce ozone and its precursors. In the April 30, 2004,
(69 FR 23858), Federal Register document entitled ``Air Quality
Designations and Classifications for the 8-Hour Ozone National Ambient
Air Quality Standards; Early Action Compact Areas with Deferred
Effective Dates,'' EPA designated every county in the United States
unclassifiable/attainment or nonattainment. Generally, when areas are
designated nonattainment, they must put measures in place that will
control and maintain ozone at healthy levels; areas designated as
attainment must also develop maintenance plans to ensure ozone
concentrations do not increase over time to unhealthy levels. The EAC
program involves a commitment by areas close to attainment of the ozone
standard to achieve clean air sooner. The areas' commitment is
demonstrated by implementing control measures to achieve attainment
earlier than mandated by the 8-hour ozone NAAQS and the Clean Air Act.
The EAC areas that were designated nonattainment, but were able to meet
the requirements of the EAC Protocol currently have a deferral of their
nonattainment designation until September 30, 2005.
IV. What Is an EAC?
An ``EAC'' is an ``Early Action Compact.'' This is an agreement
between a State, local governments, and EPA to implement measures not
necessarily required by the Act in order to achieve cleaner air as soon
as possible. Communities close to or exceeding the 8-hour ozone
standard that have elected to enter into an EAC have started reducing
air pollution at least two years sooner than required by the Act. In
many cases, these reductions will be achieved by local air pollution
control measures not otherwise mandated under the Act. The program was
designed for areas that approach or monitor exceedances of the 8-hour
standard, but are in attainment for the 1-hour ozone standard. The one-
hour ozone standard will be revoked as of June 15, 2005, in most areas.
It will not be revoked for previous 1-hour nonattainment areas that are
8-hour EAC areas, such as the Nashville, Tennessee and Greensboro-
Winston Salem-High Point, North Carolina 1-hour area (the Triad 8-hour
EAC area).\3\ These areas will continue to implement transportation
conformity requirements related to the 1-hour ozone standard. The 1-
hour ozone transportation conformity requirements will no longer be in
effect one year after the 8-hour ozone attainment designation if the
areas are successful in achieving attainment through implementation of
the EAC. If any EAC area is unsuccessful in attaining the 8-hour ozone
NAAQS through the EAC process, it will be subject to the 8-hour ozone
transportation conformity requirements one year after the nonattainment
designation becomes effective.
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\3\ Notably, the counties included in the 8-hour EAC area may
not directly correspond with all the counties included in the
previous 1-hour area for the similar geographic area.
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The initial choice to enter into a EAC was voluntary on behalf of
the local officials and State air quality officials. EPA believes that
early planning and implementation of control measures that
[[Page 30384]]
improve air quality will likely accelerate protection of public health.
The EAC program allows participating State and local entities to make
decisions that will accelerate meeting the new 8-hour ozone standard
using local pollution control measures in addition to federally
mandated measures. While the choice of entering into an EAC was
voluntary, all measures adopted as part of the EAC are being proposed
to be incorporated into the SIP and will be mandatory and federally
enforceable.
In Region 4, EPA initially received 22 requests to enter into EACs
in December 2002, including 100 counties in four states. Currently,
there are 17 areas and 85 counties included in the EAC program in four
states. Of those 17, only eight areas received a deferral of their
nonattainment designation. Five of the eight areas that have a deferred
nonattainment designation are now attaining the 8-hour ozone standard
and modeling attainment of that into the future. Consistent with EPA's
EAC Protocol, states with communities participating in the EAC program
had to submit plans for meeting the 8-hour ozone standard by December
31, 2004, rather than June 15, 2007, the CAA deadline for all other
areas not meeting the standard. The EAC Protocol further requires
communities to develop and implement air pollution control strategies,
account for emissions growth and demonstrate attainment by 2007 and
maintenance for at least five years of the 8-hour ozone standard.
Greater details of the EAC program are explained in EPA's December 16,
2003, (68 FR 70108) proposed Federal Register document entitled
``Deferral of Effective Date of Nonattainment Designations for 8-hour
Ozone National Ambient Air Quality Standards for Early Action Compact
Areas.''
Tennessee submitted an EAC for the Chattanooga area, the Nashville
area, and the Tri-Cities area, on December 30, 2002. The State of
Georgia submitted materials supporting the Chattanooga EAC on December
24, 2002. These were signed by representatives of the local
communities, State air quality officials and the Regional
Administrator. The Tennessee and Georgia EAC area designations are
discussed further in Section V of today's rulemaking. To date, the
Tennessee and Georgia EAC areas have met all EAC milestones and, as
long as EAC areas continue to meet the agreed upon milestones, the
nonattainment designations will be deferred until April 15, 2008. At
that time EAC areas with air quality monitoring data showing attainment
for the years 2005-2007 and that have met all compact milestones will
be designated attainment.
V. What Are the Tennessee and Georgia EAC Areas and Their Respective 8-
hour Ozone Designations?
In the April 30, 2004, (69 FR 23858) Federal Register document
entitled ``Air Quality Designations and Classifications for the 8-Hour
Ozone National Ambient Air Quality Standards; Early Action Compact
Areas with Deferred Effective Dates,'' the EPA designated every area in
the United States unclassifiable/attainment or nonattainment. The EPA
deferred the effective date of nonattainment designations for EAC areas
that were violating the 8-hour ozone standard (and attaining the 1-hour
ozone standard), but continue to meet the compact milestones. Details
of this deferral were published in the April 30, 2004, (69 FR 23858)
Federal Register document. The Tennessee and Georgia EAC area
designations are discussed further in Section V of today's rulemaking.
In the April 30, 2004, (69 FR 23858) rulemaking, the EPA designated
counties within the EAC areas that were violating the 8-hour NAAQS
based on 2001-2003 air quality monitoring data as nonattainment-
deferred. EPA designated five counties within the Nashville EAC area as
nonattainment-deferred and three counties as unclassifiable/attainment
for the 8-hour ozone standard (See Table 1). In the same document, EPA
designated two counties within the Tri-Cities EAC area as
nonattainment-deferred and four counties as unclassifiable/attainment
for the 8-hour ozone standard (See Table 1). In the same document, EPA
found Chattanooga's report submitted to meet the March 31, 2004, EAC
milestone was insufficient. EPA therefore designated Hamilton County,
Tennessee and Catoosa and Walker Counties, Georgia as nonattainment and
the two remaining counties as unclassifiable/attainment. Due to
extensive efforts on the part of the local governments and State
Agencies consistent with requirements for EAC areas, EPA reinstated the
Chattanooga area into the EAC on June 18, 2004, (69 FR 34080) and
designated Hamilton County, Tennessee and Catoosa an Walker Counties,
Georgia as nonattainment-deferred (See Table 1).
Table 1.--Tennessee and Georgia EAC 8-Hour Ozone Designations
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EAC areas EAC 8-hour Ozone designation
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Chattanooga EAC area:
Hamilton County, TN....... Nonattainment-deferred.
Meigs County, TN.......... Nonattainment-deferred.
Marion County, TN......... Unclassifiable/Attainment.
Walker County, GA......... Unclassifiable/Attainment.
Catoosa County, GA........ Nonattainment-deferred.
Nashville EAC area:
Davidson County........... Nonattainment-deferred.
Rutherford County......... Nonattainment-deferred.
Williamson County......... Nonattainment-deferred.
Wilson County............. Nonattainment-deferred.
Sumner County............. Nonattainment-deferred.
Robertson County.......... Unclassifiable/Attainment.
Cheatham County........... Unclassifiable/Attainment.
Dickson County............ Unclassifiable/Attainment.
Tri-Cities EAC area:
Sullivan County........... Nonattainment-deferred.
Hawkins County............ Nonattainment-deferred.
Washington County......... Unclassifiable/Attainment.
Unicoi County............. Unclassifiable/Attainment.
Carter County............. Unclassifiable/Attainment.
Johnson County............ Unclassifiable/Attainment.
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[[Page 30385]]
To date, the Tennessee and Georgia EAC areas have met all EAC
milestones and, as long as EAC areas continue to meet the agreed upon
milestones, the impact of the nonattainment designations will be
deferred until April 15, 2008. At that time, EPA will evaluate the 8-
hour ozone designations for these areas.
VI. How Is Attainment Demonstrated for the 8-Hour Ozone Standard With a
Photochemical Model?
In developing its SIP, an area will typically evaluate necessary
control measures using modeling programs to determine how that area can
meet and maintain the NAAQS. This process is no different for EAC areas
which used modeling and screening tests to evaluate attainment and
maintenance of the 8-hour ozone standard. The attainment tests use
ambient air quality monitored design values with model-generated ozone
concentration data. The test is applied at each monitor in the area as
well as applicable unmonitored modeling sites in the EAC area. A future
year design value is developed by multiplying the ratio of the future
year to current year model-predicted 8-hour daily maximum ozone
concentrations by a current design value. The current design value is
developed from air quality monitored data. Under EPA regulations at 40
CFR part 50, the 8-hour ozone standard is attained when the 3-year
average of the annual fourth-highest daily maximum 8-hour average ozone
concentrations is less than or equal to 0.08 ppm. (See 69 FR 23857
(April 30, 2004) for further information). If modeled predicted future
site-specific design values are less than 0.085 ppm at each monitor
site, the test is passed.\4\
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\4\ Although the 8-hour ozone standard is 0.08 ppm, monitored
values less than 0.085 are rounded down to 0.08 whereas monitored
values equal to or greater than 0.085 are rounded up, and considered
to be an exceedance of the standard. The 8-hour ozone standard can
also be expressed in parts per billion and EPA often refers to
monitors meeting the standard if they monitor values less than 85
ppb.
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A. How Was Attainment Demonstrated Through the Tennessee EAC Modeling?
The Tennessee modeling was developed consistent with the EPA draft
modeling guidance and EAC protocol guidance that was available when the
modeling was conducted.\5\ The air quality modeled concentrations were
developed using the variable-grid Urban Airshed Model, Version 1.5
(UAM-V5), a regional- and urban-scale, nested-grid photochemical air
quality model. Areas with 8-hour ozone SIPs due in 2007 are expected to
use the 2002 inventory as mentioned in the policy memo (``2002 Base
Year Emission Inventory SIP Planning: 8-hr Ozone, PM2.5, and
Regional Haze Programs'' by Lydia N. Wegman dated November 18, 2002).
However, for EAC SIPs submitted in 2004, EPA will accept another year
provided the data represents recent conditions. A current year of 2001
was used by Tennessee for the modeling because it was the most
representative year with the most complete data available.
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\5\ The EPA issued guidance on the air quality modeling that is
used to demonstrate attainment with the 8-hour ozone NAAQS. See U.S.
EPA, (1999), Draft Guideline on the Use of Models and Other Analysis
in Attainment Demonstrations for the 8-Hour Ozone NAAQS, EPA-454/R-
99-00413, (May 1999). A copy may be found on EPA's Web site at
http://www.epa.gov/ttn/scram/ (file name: ``DRAFT8HR'').
EPA, June, 2002. ``Protocol for Early Action Compacts Designed
to Achieve and Maintain the 8-Hour Ozone Standard''. Located at
http://www.epa.gov/ttn/naaqs/ozone/eac/.
``Appendix W to 40 CFR Part 51: Guideline on Air Quality
Models.'' Located at http://www.epa.gov/scram001/ (file name:
``Appendix W'')
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The attainment test is passed for all EAC area monitors for the
future years of 2007, 2012 and 2017 for the Chattanooga, Nashville and
Tri-Cities EAC areas using current design values from 2000-2002. The
future-predicted design values using the Tennessee modeling are
presented in Table 2.
Table 2.--Tennessee EAC Future Design Values (ppb)
------------------------------------------------------------------------
Area/Monitor 2007 2012 2017
------------------------------------------------------------------------
Chattanooga EAC Area
------------------------------------------------------------------------
Sequoyah............................... 84 80 77
Chattanooga............................ 84 79 75
Meigs County........................... 84 80 77
----------------------------------------
Nashville EAC Area
------------------------------------------------------------------------
Rockland Road.......................... 81 79 75
East Nashville Health Center........... 66 64 61
Percy Priest Dam....................... 75 73 70
Rutherford County...................... 82 79 75
Wright's Farm.......................... 82 79 75
Fairview............................... 80 77 74
Lebanon................................ 76 72 69
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Tri-Cities EAC Area
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Kingsport.............................. 84 81 80
Blountville............................ 83 80 78
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B. How Was Supplemental Modeling Developed by Georgia Used in the
Demonstration for Attainment?
The Chattanooga EAC is a multi-state EAC area and includes counties
in Tennessee and Georgia. An attainment demonstration was independently
developed for the Chattanooga EAC area by the states of Tennessee and
Georgia. The Georgia modeling was developed consistent with existing
EPA modeling and EAC protocol guidance. The air quality modeled
concentrations were developed using the Community Multiscale Air
Quality (CMAQ), a regional- and urban-scale, nested-grid photochemical
air quality model. A current year of 2000 was modeled for the
attainment test. The attainment test is passed for all EAC area
monitors for the future years of 2007 and 2012 for the Chattanooga EAC
area using current design values from 1999-2001. A comparison of the
future-predicted
[[Page 30386]]
design values as independently developed in the Georgia and Tennessee
modeling is presented in Table 3.
Table 3.--Chattanooga Future Design Values (ppb) From Tennessee and Georgia
----------------------------------------------------------------------------------------------------------------
2007 2012
Monitor ---------------------------------------------------------------
Tennessee Georgia Tennessee Georgia
----------------------------------------------------------------------------------------------------------------
Sequoyah........................................ 84 81 80 79
Chattanooga..................................... 84 81 79 78
Meigs County.................................... 84 81 80 78
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C. Supplemental Analyses Used in the Technical Demonstration for
Attainment?
According to the 1999 draft EPA 8-hour ozone modeling guidance, a
weight of evidence (WOE) analysis is optional if attainment is modeled
through photochemical modeling. If it is submitted, WOE provides
additional corroborative analyses to support and strengthen the
photochemical modeling. The WOE analyses are particularly useful in
verifying the attainment demonstration if the photochemical modeling
results are within a few parts per million of the 8-hour standard. The
State of Tennessee chose to submit a weight of evidence analysis to
support the attainment modeling results. The WOE results varied for
each EAC area but were, overall, supportive of the modeling conclusions
for attainment. Therefore, WOE strengthens the photochemical modeling
analysis. The WOE is described in detail and for each EAC area in the
technical support document (TSD) for this document. Briefly, the WOE
elements in the SIP submittal include:
1. An additional application of the modeled attainment test using
the 2001-2003 data for the current design values. Using a lower ambient
air quality current design value results in all monitors indicating
attainment with design values well below 84 ppb.
2. A sensitivity analysis on the radius of influence to use around
the monitor to determine the modeling concentrations to use in the
attainment tests. Attainment was indicated at all monitors in the Tri-
Cities and Nashville area.
3. An 8-hour ozone exceedance exposure analysis to determine the
change in difference of 8-hour ozone predictions > 85 ppb. The percent
reduction improvement is presented in Table 4.
4. Three analysis items as defined in the draft EPA 8-hour ozone
modeling guidance were analyzed to determine the percent reduction
improvement: (1) Change in number of grid cell hours with 1-hour ozone
> 84 ppb, (2) change in number of grid cell hours with 1-hour ozone >
84 ppb, and (3) change in difference of 1-hour ozone predictions > 84
ppb. The results for the three metrics are presented in Table 4.
Improvement ranging from 51 to 78 percent is shown for each analysis
item for all three areas.
5. Applying the modeled attainment test by omitting episode days
based on model performance and using only episode days with observed
exceedance. Attainment was indicated with future design values similar
and sometimes less than the future design values in Table 3.
Table 4.--Weight of Evidence Analyses Results (percent)
----------------------------------------------------------------------------------------------------------------
Percent reduction for each EAC area
Analysis Items -----------------------------------------------
Chattanooga Nashville Tri-Cities
----------------------------------------------------------------------------------------------------------------
Change in difference of 8-hour ozone predictions > 85 ppb....... 78 73 71
Change in number of grid cell hours with 1-hour ozone 73 64 69
concentrations > 84 ppb........................................
Change in number of grid cell hours with 8-hour ozone 67 59 51
concentrations > 85 ppb........................................
Change in difference of 1-hour ozone predictions > 84 ppb....... 63 55 55
----------------------------------------------------------------------------------------------------------------
The WOE analysis supports the conclusions of attainment presented
in section IV.A. Improvements in air quality are indicated in the WOE
analyses. The sensitivity analyses on the application of the model
attainment test further support attainment for the EAC areas.
Additional details by EAC areas for the WOE analysis is included in the
TSD for this document.
D. What Is the Maintenance for Growth Plan for the EAC Areas?
The Tennessee SIP included a comprehensive maintenance plan for the
EAC areas that met the minimum requirements of the EAC protocol. The
EAC maintenance plan includes the following:
1. An attainment demonstration for the 2007-2017 period. Future
design values developed through modeling for 2007, 2012 and 2017 are
below 85 ppb at all monitors in the EAC areas.
2. A commitment for an interim evaluation in 2008.
3. A commitment to annually track stationary and highway mobile
source emissions starting in 2005. Provides triggers (emissions growth
thresholds and rates) and actions (air quality analyses, modeling and
adopting additional controls) to be performed to address emission
growth.
4. Based on the tracking the growth of stationary and onroad mobile
sources, Tennessee commits to adopt and implement additional control
measures, as needed from their analyses, as expeditiously as
practicable, but no later than two years from meeting a triggering
condition.
5. A timeline of actions and submittals for the maintenance plan
from December 2004 to December 2017:
December 2004--Tennessee Division of Air Pollution Control
(TDAPC) submits the EAC SIP covering both the attainment date of 2007
and the 10-year maintenance period through 2017
December 2005--TDAPC and EAC areas fully implement EAC
control measures
December 2005--First annual emissions tracking report
submitted for each EAC area
[[Page 30387]]
December 2006--Second annual tracking report submitted for
each EAC area
December 2007--Ozone NAAQS attainment date
December 2007--Third annual tracking report submitted for
each EAC area
April 2008--EPA designates areas for the 8-hour ozone
standard
December 2008--TDAPC completes evaluation of new emissions
data and determines whether revised modeling analysis is required
December 2008--Fourth annual tracking report submitted for
each EAC area and continues each year thereafter through the end of the
maintenance period.
The Georgia maintenance for growth plan was based on modeling the
next five year period following the attainment year, i.e., 2012.
Developing modeled future design values for 2012 satisfies the five-
year maintenance for growth demonstration requirements in the EAC
protocol, i.e., to assess attainment beyond 2007. The Georgia modeling
indicates that maintenance of the attainment will occur beyond the
December 31, 2007, attainment date. The EPA EAC protocol also states
that the plan must detail a continuing planning process and discusses
what this should involve. The Georgia EAC maintenance plan for the
Chattanooga EAC area includes an attainment demonstration with future
design values developed through modeling for 2007 and 2012 that are
below 85 ppb at all EAC monitors. A commitment is included to track the
EAC design value. If the design value increases beyond 0.084 ppm, the
state will conduct a comprehensive study of air quality, emissions and
modeling (as applicable) to determine if additional controls are
needed. Additional controls will be developed, completed and submitted
to EPA no later than 18 months of a determination based on the air
quality trigger.
E. What Are EPA's Conclusions on the EAC Technical Demonstration for
Attainment and Maintenance?
EPA's analysis indicates that the appropriate data and procedures
were used to assess 8-hour ozone attainment for the Chattanooga,
Nashville and Tri-Cities EAC areas. Although modeling demonstrations by
Tennessee and Georgia were independently developed using different
assumptions, inventories, episodes, and models, the results were
consistent in modeling attainment. EPA's review indicates that the
modeling from both states indicates attainment and maintenance of the
8-hour ozone NAAQS will be achieved. Finally, EPA believes that the
combination of local scale modeling, WOE analyses and control
strategies demonstrates attainment of the 8-hour ozone NAAQS for each
Tennessee EAC area. Additional details of the Georgia and Tennessee EAC
modeling are presented in the TSDs for the two state submittals.
VII. What Measures Are Included in This EAC SIP Submittal?
The Tennessee and Georgia submittals outline State and local
measures that have been adopted and implemented, or will be
implemented, by December 31, 2005, to attain and maintain the 8-hour
ozone standard. These measures include controls on both stationary and
mobile emissions sources. The Tennessee TSD discusses the results of
photochemical modeling and technical analyses that support a
demonstration of attainment of the 8-hour ozone standard by December
31, 2007, and maintenance of that standard through 2017. The Georgia
TSD discusses the results of photochemical modeling and technical
analyses that support a demonstration of attainment of the 8-hour ozone
standard by December 31, 2007, and maintenance of that standard through
2012.
Statewide rule revisions adopted by the State of Tennessee to
control emissions include an expansion of the Motor Vehicle Inspection
and Maintenance (I/M) program, an expansion of the Stage 1 Gasoline
Vapor Recovery program, and a Motor Vehicle Tampering provision. The
Light-Duty Motor Vehicle Inspection and Maintenance revision broadens
the scope of the existing rule to achieve additional mobile source
emissions reductions. Significant changes require gasoline and diesel
vehicles 1975 and newer with a gross vehicle weight rating up to 10,500
pounds or less to pass an emissions inspection prior to registration
renewal. The Motor Vehicle Tampering revision reduces air pollution
caused by tampering. Tampering may be defined as modifying, removing or
rendering inoperable, any air pollution emission control device which
results in an increase in emissions beyond established federal motor
vehicle standards. The Volatile Organic Compounds--Stage I Vapor
Recovery revision broadens the scope of the existing rule to achieve
additional emissions reductions. Stage I Vapor Recovery is used during
the refueling of gasoline storage tanks to reduce emissions of VOCs.
Vapors in storage tanks that are displaced by incoming gasoline would
be routed into the gasoline tank truck and therefore captured, instead
of being vented to the atmosphere. The revision extends Stage I
requirements for bulk gasoline plants and gasoline dispensing stations
to additional Tennessee counties.
The State of Georgia submittal included two controls that will be
implemented in the Chattanooga EAC area, an open burning ban during the
ozone season and Stage I Vapor recovery. An open burning ban will be
implemented at the state level in Catoosa and Walker Counties. The open
burning ban will be in effect for the duration of the ozone season,
which is May 1 through September 30. Stage I Vapor Recovery will be
implemented at the state level in Catoosa and Walker Counties, Georgia
in the Chattanooga area. Emissions reductions estimates from stage I
vapor recovery in Walker and Catoosa Counties are estimated to be 0.81
tons per day (tpd) of VOCs in 2007 and 0.93 tpd of VOCs in 2012.
The majority of local EAC control measures being proposed for the
SIP were not included in the modeling because they were not necessary
to model attainment. These expected emission reductions further support
the conclusion that the Tennessee and Georgia EAC areas will attain and
maintain the 8-hour ozone standard in the future. Examples of these
expected emission reductions not modeled are summarized in Table 5. For
a complete list of local reductions see the 8-hour ozone attainment
demonstrations for the Tennessee and Georgia EAC areas submitted to EPA
on December 29, 2004, and December 31, 2004, found in the RME system as
mentioned in the ADDRESSES section of today's rulemaking.
[[Page 30388]]
Table 5.--Additional EAC Local Reductions not Modeled
------------------------------------------------------------------------
Estimated reduction
-------------------------------
Strategy NOX (tons/ VOC (tons/
day) day)
------------------------------------------------------------------------
Chattanooga EAC
------------------------------------------------------------------------
Seasonal Open Burning Ban............... 1.04 3.15
Spare the Air Program................... 0.130 0.170
-----------------------------------------
Nashville EACe
------------------------------------------------------------------------
Seasonal Open Burning Ban............... 0.111 0.423
Air Quality Action Day Measures......... 1.220 0.470
HOV Lane Expansion...................... 0.017 0.021
Traffic Signal Synchronization.......... 0.206 0.260
------------------------------------------------------------------------
The modeled control measures detailed in Section VII meet the
requirements of the EAC protocol: They are specific, quantified,
permanent and will be federally enforceable when approved by EPA. In
compliance with the next EAC program milestone, each of the control
measures listed above, including any measures substituted by local
areas, are scheduled to be implemented on or before December 31, 2005.
The TSD contains additional information on each of these control
measures, as well as information on numerous locally-implemented
measures whose expected emission reductions have not been quantified.
Local measures for the Tri-Cities EAC area are not included in Table 5
because the area did not quantify the local control measures which
included an open burning ban, ozone action day program, and
transportation emissions control measures.
Additionally, federal emission controls are projected to
substantially reduce emissions of NOX and VOCs in the newer
fleet of vehicles and improved emission controls in major industrial,
commercial and institutional facilities (point sources) are projected
to significantly reduce emissions of NOX. Using air quality
models to anticipate the impact of growth, as well as the state-
assisted and locally-implemented measures to reduce emissions, the
States have projected that the EAC areas will be in attainment of the
8-hour ozone standard in 2007 and will remain in attainment through
2012 and 2017. The EPA has reviewed the modeling and emission
projections and believes attainment is demonstrated. Therefore, EPA is
proposing to approve the demonstration of attainment.
VIII. What Happens If the Area Does Not Meet the EAC Commitments or
Milestones?
In the April 30, 2004 (69 FR 23858), Final Rulemaking, EPA
designated counties within the Nashville and Tri-Cities EAC areas as
nonattainment-deferred. Other counties within these EAC areas were
designated attainment/unclassifiable. Also on April 30, 2004, EPA
designated Hamilton County, Tennessee and Catoosa County, Georgia as
nonattainment but reinstated the Chattanooga area into the EAC on June
18, 2004 (69 FR 34080), and reclassified those counties as
nonattainment-deferred. In accordance with the April 30, 2004 (69 FR
23858), Final Rulemaking, the effective date of nonattainment for the
EAC areas (see Table 1) have been deferred until September 30, 2005
(and will continued to be deferred so long as the areas meet the EAC
milestones). The measures outlined in the Tennessee and Georgia SIP
submittals provide every indication that the Tennessee and Georgia EAC
areas will attain the 8-hour ozone standard by December 31, 2007, and
complete each milestone and action agreed upon in the compact. However,
if one milestone is missed, EPA will take action to propose and
promulgate a finding of failure to meet the milestone, and withdraw the
deferred effective date of the nonattainment designation.
IX. Why Are We Proposing To Approve This EAC SIP Submittal?
We are proposing to approve this EAC SIP submittal because
implementation of the requirements in this EAC will help ensure the
three Tennessee and Georgia EAC areas comply with the 8-hour ozone
standard by December 31, 2007, and maintenance of that standard through
2017 for Tennessee and 2012 for Georgia. We have reviewed the
submittals and determined that they are consistent with the
requirements of the Act, EPA's policy, and the EAC protocol. The TSD
contains detailed information concerning this rulemaking action.
Approving the EAC submittals into the SIP will also mean that
measures and controls identified therein become federally enforceable
and citizens within the EAC areas will start to benefit from reductions
in air pollution earlier than the Clean Air Act deadlines. See section
VII of this rulemaking action for the description of air pollution
control measures. Finally, it means that EPA has determined that the
State and local areas have continued to fulfill the milestones and
obligations of the EAC Program. In a separate document, EPA will take
action proposing to defer the effective date of nonattainment
designation for these areas until December 31, 2006, so long as the
areas continue to fulfill the EAC obligations, including semi-annual
reporting requirements, implementation of the measures in the EAC
submittal by December 31, 2005, and a progress assessment by June 30,
2006.
X. Proposed Action
EPA is proposing to approve the attainment demonstration in the
Chattanooga area, Nashville area, and Tri-Cities area EACs and
incorporate these into the Tennessee and Georgia SIPs. The modeling of
ozone and ozone precursor emissions from sources in these three EAC
areas demonstrate that the specified control strategies will provide
for attainment of the 8-hour ozone NAAQS by December 31, 2007. These
specified control strategies are consistent with the EAC program.
XI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory
[[Page 30389]]
action'' and therefore is not subject to review by the Office of
Management and Budget. For this reason, this action is also not subject
to Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This proposed action merely proposes to approve
state law as meeting Federal requirements and imposes no additional
requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule proposes to approve pre-existing requirements under state law
and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
actions, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05-10472 Filed 5-25-05; 8:45 am]
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